Santa Ana HOA assessments follow the Davis-Stirling Act. Regular increases above 20% and special assessments above 5% of budget require a membership vote.
CA Civil Code Sec. 5600 requires HOAs to levy regular assessments sufficient to perform their obligations under the governing documents. Regular assessment increases greater than 20 percent above the prior year require membership approval. Special assessments exceeding 5 percent of the current fiscal year budget also require a vote of the membership (Sec. 5605). Boards must distribute an annual budget report (Sec. 5300) including a summary of reserves, the current reserve funding plan, and a statement of outstanding loans. Reserve studies must be conducted at least every three years (Sec. 5550) with annual updates, estimating the remaining useful life and replacement cost of major common-area components. Assessment liens may be recorded after the amount is delinquent for 30 or more days (Sec. 5650-5740), but small-dollar delinquencies under $1,800 may not proceed to nonjudicial foreclosure. The board must offer a payment plan before recording a lien.
Assessments levied without proper procedure may be challenged through IDR or court action. Foreclosure on assessment liens is governed by Sec. 5700-5720, with protections requiring board approval by majority vote before pursuing foreclosure. Homeowners have the right to request a payment plan.
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